Man files lawsuit against Troy Police for brutal beating

TROY >> The distraction continues as the city’s police department faces more legal action from a Saratoga Springs man who claimed he was brutally beaten by police officers under false pretenses.

The lawsuit was filed by Terence Kindlon on behalf of John Larkins, who said he was tased, beaten and maced by three police officers as he was bringing his aunt to the hospital.

The complaint stems from an incident in Aug. 2011 in which Larkins was bringing his aunt to St. Mary’s Hospital after she was injured during an accident at her home.

Larkins said he was then approached by officers Justin Ashe, Derrick Comitale and Martin Furciniti, who accused him for being responsbile for his aunt’s injuries.

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Kindlon said Larkins went to put up his arms with his palms up to be handcuffed when an officer bent his hand back then put a taser to his head, all without any probable cause or warrant for his arrest.

After being knocked to the ground by the police officers, Kindlon said Larkins was then tased in his head and neck areas numerous times by an officer while the others “stood by and did not intervene to stop the assault.”

Larkins was then handcuffed and put in the back of a police car, only to be sprayed in the face with mace by an officer. Kindlon wrote Larkins at no time tried to resist the arrest and his aunt, who is hearing impaired, could not understand why her nephew was being questioned.

Larkins was charged with three counts of second-degree assault as well as one count of resisting arrest and second-degree obstructing governmental administration.

The case appeared before Rensselaer County Court, where Kindlon also accused police officers of hiding information which would prove the charges against Larkin were false from the county District Attorney’s office. Still, Larkin was acquitted by the jury.

As a result of the incident, Larkin said he has been left with “severe and permanent physical injuries, pain and suffering, financial hardship and intentional infliction of emotion of harm and other items of damages,” according to Kindlon.

Larkin said he was seeking punitive and exemplary damages, which would be determined at trial, as well as his attorney’s fees.

All of this comes after allegations by Chief John Tedesco the department had mishandled another excessive force complaint from 2012; he has asked the Federal Bureau of Investigations to review that case.

Tedesco was ordered to appear before the Inspectional Services Board by Commissioner Anthony Magnetto as it claims he sent sensitive information to the complainant, letting him know an internal investigation found excessive force was used. The officer in question filed a complaint against Tedesco as a result.

Commissioner Anthony Magnetto could not be reached for comment regarding the lawsuit filed by Larkin. Mayor Lou Rosamilia said the city will be “vigorously defending against it,” but declined to comment any further as the matter is still in litigation.